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MATTER OF HUTCHINSON

13 A.D.3d 704 (2004)

785 N.Y.S.2d 590

In the Matter of the ESTATE OF CHARLES M.R. HUTCHINSON, Deceased. DAVID O. FULLER JR., Respondent-Appellant; HERBERT E. NASS et al., as Temporary Administrators of the Estate of CHARLES M.R. HUTCHINSON, Deceased, et al., Appellants-Respondents, and DANIEL CRESPI et al., Respondents-Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 2, 2004.

Lahtinen, J.

Surrogate's Court found factual issues for trial as to whether decedent's purported will, which was allegedly signed in a Manhattan caf§fe in front of decedent's long-time companion and an acquaintance, was duly executed. Decedent was an Australian citizen who had resided in New York since the mid-1980s and died in Sullivan County on April 23, 1999. The examination before trial testimony of Marion Kaselle, decedent's companion, supported due execution...

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